Ritual and Law: The Historical Connection of Law: The Historical Connection of Law

Author: Ma Xiaohong
Publisher:
Publish Date: 2004-08-01
Features: The content of this book: "III. The Founding Period of Traditional Law (II) — The Legalist Rule of the Spring and Autumn and Warring States to Qin Period 118 IV. The Development Period of Traditional Law — The 'Rule of Ritual and Law' from Han to Qing Dynasty 143 V. The Evolution of Modern Traditional Law 168
Lower Part: Analysis of Traditional Chinese Law
Chapter 4: Characteristics of Traditional Chinese Society and Traditional Law 188
I. Western Perspectives 188
II. The Three Major Characteristics of Traditional Chinese Society 198
III. The Characteristics of Traditional Chinese Law 202
Chapter 5: The Different Developments of "Divine Law" and "Human Law" in China and the West 20g
I. The Origin of Law and the Divine 20g
II. The Sacredness of Law and Its Transformation 212
Chapter 6: The Duke of Zhou — The Founder of the "Rule of Ritual" Thought 215
I. The Duke of Zhou 215
II. The Rituals of the Duke of Zhou 217
Chapter 7: Confucius on Law and the Concept of Traditional Chinese Law 223
I. The Status of Law — "If Ritual and Music Do Not Prosper, Punishments Will Not Be Proper" 223
II. The Core of Law — 'Upholding Heaven to Govern Human Emotions' 226
III. The Purpose of Law — 'Overcoming Injustice and Abolishing Killing' / 'Must It Be That There Be No Disputes?' 228
IV. The Best Means of Implementing Law — 'If One's Character Is Right, Orders Will Be Followed Without Compulsion' 230
Chapter 8: The Concept of Human Feelings in Traditional Chinese Law 233
I. The Relationship Between Nature, Emotion, Ritual, and Law 233
II. Human Feelings as Law 240
III. Emotion Over Law 244
IV. A Summary of the Relationship Between Human Feelings and Law 251
Chapter 9: The Concept of Morality in Traditional Chinese Law 254
I. Filial Sons and Law 255
II. The Exemplary Women and Law 261
III. Knights-errant, Righteousness, Thieves, and Law 266
Chapter 10: The Concept of Rule by Man in Traditional Chinese Law 271
I. Theoretical Discussion on Rule by Man and Rule of Law 271
II. Sage Rulers and Fair Officials and Comprehensive Social Governance 276
Chapter 11: The Concept of Nature in Traditional Chinese Law 282
I. Nature, Sage, and Royal Governance 282
II. Nature, Legislation, and Adjudication 288
Chapter 12: The Concept of Equality in Traditional Chinese Law 294
I. The Characteristics of the Concept of Equality in Traditional Chinese Law 294
II. The Social Basis of the Concept of Equality in Traditional Chinese Law 298
Appendix I: Explanation of the Epitaph Law 306
Appendix II: The Code of Hammurabi (Excerpt) 308
Appendix III: The Original Text of Lü Xing 315